Judiciary of Malaysia is largely centralised despite Malaysia's federal constitution, heavily influenced by the English
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
, as well as
Islamic jurisprudence.
Current system
![Putrajaya 4064188579 ec6a5c7efc](https://upload.wikimedia.org/wikipedia/commons/b/bd/Putrajaya_4064188579_ec6a5c7efc.jpg)
There are generally two types of trials, criminal and civil. The hierarchy of courts begins from the Magistrates' Court, Sessions Court, High Court, Court of Appeal, and finally, the
Federal Court.
The jurisdiction of the courts in civil or criminal matters are contained in the Subordinate Courts Act 1948 and the Courts of Judicature Act 1964. Article 121 of the Constitution provides for two High Courts of co-ordinate jurisdiction, the High Court in Malaya, and the High Court in Sabah and Sarawak. Thus this creates two separate local jurisdiction of the courts – for
Peninsular Malaysia
Peninsular Malaysia ( ms, Semenanjung Malaysia; Jawi: سمننجڠ مليسيا), or the States of Malaya ( ms, Negeri-negeri Tanah Melayu; Jawi: نڬري-نڬري تانه ملايو), also known as West Malaysia or the Malaysian Peninsula, ...
and for
East Malaysia
East Malaysia (), or the Borneo States, also known as Malaysian Borneo, is the part of Malaysia on and near the island of Borneo, the world's third-largest island. Near the coast of Sabah is a small archipelago called Labuan. East Malaysia li ...
. The highest position in the judiciary of Malaysia is the
Chief Justice of the Federal Court of Malaysia (also known as the Chief Justice of Malaysia), followed by the President of the Court of Appeal, the Chief Judge of Malaya, and the Chief Judge of Sabah and Sarawak. The superior courts are the High Court, Court of Appeal, and the Federal Court, while the Magistrates' Courts and the Sessions Courts are classified as subordinate courts.
The current Chief Justice of the Federal Court effective 2 May 2019 is Yang Amat Arif Tun Tengku Maimun Tuan Mat, the President of the Court of Appeal is Dato' Rohana Yusuf, and the Chief Judge of Malaya is Tan Sri Dato' Sri Azahar Mohamed. The current Chief Judge of Sabah and Sarawak is Tan Sri Dato'
Abang Iskandar Abang Hashim
Tan Sri Datuk Amar Abang Iskandar bin Abang Hashim ( Jawi: أبانغ إسكندر بن أبانغ هاشم; born 3 July 1959) is a Malaysian lawyer and judge who serves as the sixth Chief Judge of Sabah and Sarawak (CJSS).
Early life an ...
.
Since 2003, the two highest courts of the country, namely the Federal Court and the Court of Appeal, have been located at the
Palace of Justice, Putrajaya
The Palace of Justice ( ms, Istana Kehakiman, Jawi: ) houses the Malaysian Court of Appeal and Federal Court, which moved to Putrajaya from the Sultan Abdul Samad Building in Kuala Lumpur in 2003.
History
Due to the need for a proper offi ...
.
Superior courts
Federal Court
The Federal Court is the highest court in Malaysia. The Federal Court may hear appeals of civil decisions of the Court of Appeal where the Federal Court grants leave to do so. The Federal Court also hears criminal appeals from the Court of Appeal, but only in respect of matters heard by the High Court in its
original jurisdiction
In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision.
India
In India, the S ...
(i.e. where the case has not been appealed from the Subordinate Courts).
Court of Appeal
The Court of Appeal generally hears all civil appeals against decisions of the High Courts except where against judgment or orders made by consent. In cases where the claim is less than
RM250,000, the judgment or order relates to costs only, and the appeal is against a decision of a judge in chambers on an
interpleader
Interpleader is a civil procedure device that allows a plaintiff or a defendant to initiate a lawsuit in order to compel two or more other parties to litigate a dispute. An interpleader action originates when the plaintiff holds property on beha ...
summons on undisputed facts, the leave of the Court of Appeal must first be obtained. The Court of Appeal also hears appeals of criminal decisions of the High Court. It is the court of final jurisdiction for cases which began in any subordinate courts.
High Courts
The two High Courts in Malaysia have general supervisory and revisionary jurisdiction over all the Subordinate Courts, and jurisdiction to hear appeals from the Subordinate Courts in civil and criminal matters.
The High Courts have unlimited civil jurisdiction, and generally hear actions where the claim exceeds RM1,000,000, other than actions involving motor vehicle accidents, landlord and tenant disputes and distress. The High Courts hear all matters relating to:
* the validity or dissolution of
marriage
Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
(
divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
) and matrimonial causes,
*
bankruptcy and matters relating to the winding-up of companies,
* guardianship or custody of children,
* grants of
probate, wills and letters of administration of estates,
*
injunctions,
specific performance
Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract. It is typically available in the sale of land law, ...
or
rescission
Rescission is the noun form of the verb "to rescind." It may refer to:
* Rescission (contract law)
* Rescission bill, a procedure to rescind previously appropriated funding in the United States
* A synonym for repeal in parliamentary procedure
* ...
s of
contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tr ...
s,
*
legitimacy
Legitimacy, from the Latin ''legitimare'' meaning "to make lawful", may refer to:
* Legitimacy (criminal law)
* Legitimacy (family law)
* Legitimacy (political)
See also
* Bastard (law of England and Wales)
* Illegitimacy in fiction
* Legit (d ...
of persons.
The High Courts have unlimited jurisdiction in all criminal matters other than matters involving
Islamic law
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the ...
. The High Courts have
original jurisdiction
In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision.
India
In India, the S ...
in criminal cases
punishable by death
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
.
Cases are heard by a single judge in the High Court, or by a
judicial commissioner. While High Court judges enjoy security of tenure, judicial commissioners are appointed for a term of two years, and do not enjoy similar protection under the Constitution.
An application for a
judicial review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
is applied in this court.
Subordinate courts
![Magistrates' Courts and Sessions Courts in Malaysia](https://upload.wikimedia.org/wikipedia/commons/b/b6/Magistrates%27_Courts_and_Sessions_Courts_in_Malaysia.jpg)
The Magistrates' Courts and Sessions Courts in Malaysia have the power in both criminal and civil matters.
Sessions Courts
Somewhat like the former Quarter Sessions in England, but does not exceed RM1,000,000 as per ss 65(1)(b), 73(b), 93(1) of the Subordinate Courts Act 1948 (SCA). The exception however is in matters relating to motor vehicle accidents, landlord and tenant and distress, where the Sessions Courts have unlimited jurisdiction pursuant to s 65(1)(a)SCA. Also, by virtue of s 65(3) SCA, the parties to a legal action may enter into an agreement in writing to grant jurisdiction to the Sessions Court to try an action beyond its prescribed monetary jurisdiction aforesaid.
Magistrates Courts
Magistrates are divided into First Class and Second Class Magistrates, the former being legally qualified and having greater powers. Second Class Magistrates are normally appointed.
Other courts
The court of a ''penghulu'', or Malay village head, has the power to hear civil matters of which the claim does not exceed RM50, where the parties are of an Asian race and speak and understand the Malay language.
The Penghulu Court's criminal jurisdiction is limited to offences of a minor nature charged against a person of Asian race which is specially enumerated in his warrant, which can be punished with a fine not exceeding RM25. However the Penghulu Court has been abolished since 1 March 2013
In Sabah and Sarawak, there are no Penghulus' Courts, but there are instead Native Courts having jurisdiction on matters of native law and custom.
The Court for Children, previously known as the
Juvenile Court, hears cases involving minors except cases carrying the death penalty, which are heard in High Courts instead. Cases for children are governed by the
Child Act 2001
The Child Act 2001 ( ms, Akta Kanak-Kanak 2001) is a Malaysian law which served to consolidate the Juvenile Courts Act 1947 ct 90 the Women and Girls Protection Act 1973 ct 106 and the Child Protection Act 1991 ct 468 It was enacted p ...
. A child is defined as any person below the age of 18.
The Special Court was established in 1993 to hear cases of offences or wrongdoings made by a Ruler. A Ruler includes the
Yang di-Pertuan Agong
The Yang di-Pertuan Agong (, Jawi: ), also known as the Supreme Head of the Federation, the Paramount Ruler or simply as the Agong, and unofficially as the King of Malaysia, is the constitutional monarch and head of state of Malaysia. The o ...
(King), the sultans of monarchical states in Malaysia, the
Yang di-Pertua Negeri
In Malaysia, the Yang di-Pertua Negeri ( in Malay) is a constitutional title given to the head of state in states without a Ruler, namely: Penang, Malacca, Sabah and Sarawak. This is in constrast to a Ruler () which is a constitutional title giv ...
, and the
Yang di-Pertuan Besar
In Malay, Yang di-Pertuan Besar, literally ''"He Who Is Made Chief Ruler"'', is a title given to the head of state in segments of the Malay Archipelago.
In Malaysia
# Also known as Yamtuan Besar, it is the title of the elected monarch of the st ...
, i.e.: the
head of state
A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and l ...
s of Malaysia and its component states. Prior to this, a Ruler was
immune
In biology, immunity is the capability of multicellular organisms to resist harmful microorganisms. Immunity involves both specific and nonspecific components. The nonspecific components act as barriers or eliminators of a wide range of pathogens ...
from any proceedings brought against them in their personal capacity. ''
Faridah Begum bte Abdullah v Ahmad Shah'' was the first case to be heard in this court.
Syariah Courts
![Johor State Syariah Court](https://upload.wikimedia.org/wikipedia/commons/2/21/Johor_State_Syariah_Court.jpg)
There is a parallel system of state
Syariah Courts which has limited jurisdiction over matters of state
Islamic (
sharia) law. The Syariah Courts have jurisdiction only over matters involving Muslims, and can generally only pass sentences of not more than three years imprisonment, a fine of up to RM5,000, and/or up to six strokes of the cane.
Appointment of judges
The appointment of the
Chief Justice is governed by Article 122B of the
Constitution of Malaysia
The Federal Constitution of Malaysia ( ms, Perlembagaan
Persekutuan Malaysia) which was promulgated on 16 September 1963, is the supreme law of Malaysia and contains a total of 183 articles. It is a written legal document which was preceded ...
whereby the
Yang di-Pertuan Agong
The Yang di-Pertuan Agong (, Jawi: ), also known as the Supreme Head of the Federation, the Paramount Ruler or simply as the Agong, and unofficially as the King of Malaysia, is the constitutional monarch and head of state of Malaysia. The o ...
(King) appoints the Chief Justice on the advice of the
Prime Minister of Malaysia
The prime minister of Malaysia ( ms, Perdana Menteri Malaysia; ms, ڤردان منتري مليسيا, label= Jawi, script=arab, italic=unset) is the head of government of Malaysia. The prime minister directs the executive branch of the fed ...
after consulting the
Conference of Rulers
The Conference of Rulers (also Council of Rulers or Durbar, ms, Majlis Raja-Raja; Jawi: ) in Malaysia is a council comprising the nine rulers of the Malay states, and the governors or ''Yang di-Pertua Negeri'' of the other four states. It was ...
. As for the appointment of the President of the Court of Appeal, the Chief Judge of Malaya, the Chief Judge of Sabah and Sarawak, and other Federal Court judges, similar procedure is taken with the additional requirement of consultation with the Chief Justice.
The appointment of Court of Appeal judges is also governed by the same procedures with the additional requirement for the consultation of the President of the Court of Appeal. As for the appointment of High Court judges, similar procedures are prescribed with the additional requirement of consultation with the respective Chief Judges.
The appointment of Sessions Court judges is governed by Section 59 of the Subordinate Court Act 1948. They are appointed by the Yang di-Pertuan Agong upon the advice of the respective Chief Judges.
Section 78 of the Subordinate Courts Act 1948 provides that the appointment of magistrates are done by the respective state government upon the advice of the respective Chief Judges, except for magistrates in the Federal Territory, where they are appointed by the —Yang di-Pertuan Agong upon the advice of the Chief Judge.
List of Chief Justices of the Federal Court
*
Abdul Hamid Omar
Abdul Hamid bin Omar (25 March 1929 – 1 September 2009) was the first Chief Justice of Malaysia.
Early life
Abdul Hamid Omar was born on 25 March 1929 in Kuala Perlis, Perlis Indera Kayangan. He obtained his early education at the Sultan A ...
(1994, previously Lord President)
*
Mohamed Eusoff Chin
Tun Mohamed Eusoff bin Chin (born 5 May 1936) is a retired Malaysian lawyer who served as the second Chief Justice of Malaysia.
Honours
* :
** Companion of the Order of Loyalty to the Crown of Malaysia (JSM) (1978)
** Commander of the Order ...
(1994 – 2000)
*
Mohamed Dzaiddin Abdullah
Mohamed Dzaiddin bin Abdullah (born 16 September 1938) is a retired Malaysian lawyer who served as the third Chief Justice of Malaysia.
He had his early education at Sultan Abdul Hamid College ( Alor Setar, Kedah). In 1956 he worked as a jou ...
(2000 – 2003)
*
Ahmad Fairuz Abdul Halim (2003 – 2007)
*
Abdul Hamid Mohamad
Tun Abdul Hamid bin Mohamad (born 18 April 1942) is a retired Malaysian lawyer who served as the 5th Chief Justice of Malaysia.
Honours Honours of Malaysia
* :
** Officer of the Order of the Defender of the Realm (KMN) (1978)
** Grand Comman ...
(2007 - 2008)
*
Zaki Tun Azmi
Tun Zaki bin Tun Azmi ( ms, زكي بن عزمي, label= Jawi, script=arab, italic=unset; born 12 September 1945) is a Malaysian barrister who served as the sixth Chief Justice of Malaysia. He was appointed by the Yang di-Pertuan Agong (King ...
(2008–2011)
*
Arifin Zakaria
Arifin bin Zakaria (born 1 October 1950) is a Malaysian lawyer who served as the seventh Chief Justice of Malaysia, serving from 12 September 2011, succeeding Zaki Azmi, until 31 March 2017.
Education background
After completing his seconda ...
(2011–2017)
*
Md Raus Sharif
Tun Mohamed Raus bin Sharif ( ms, محمد روس بن شريف, label= Jawi, script=arab, italic=unset; born 4 February 1951) is a retired Malaysian lawyer who served as the eighth Chief Justice of Malaysia from 1 April 2017 until 31 July 2 ...
(2017 - 2018)
*
Richard Malanjum
Tun Richard Malanjum (born 13 October 1952) is a Malaysian jurist and lawyer who served as the ninth Chief Justice of Malaysia and fourth Chief Judge of Sabah and Sarawak. Before joining the judicial service, he was a practising lawyer and was ...
(2018 - 2019)
*
Tengku Maimun Tuan Mat
Tengku Maimun binti Tuan Mat ( ms, تڠكو ميمون توان مت, label= Jawi, script=arab, italic=unset; born 2 July 1959) is a Malaysian lawyer who has served as the 10th Chief Justice of Malaysia since May 2019. She is the first woman ...
(2019–present)
For a list of Lord Presidents, see
Lord President of the Federal Court The title of Lord President of the Supreme Court was formerly the title of the head of the judiciary in Malaysia, until 1994 when the office was renamed " Chief Justice of the Federal Court".
The Lord President was head of the highest court in Mal ...
.
See also
*
Law of Malaysia
The law of Malaysia is mainly based on the common law legal system. This was a direct result of the colonisation of Malaya, Sarawak, and North Borneo by Britain between the early 19th century to the 1960s. The supreme law of the land—the Const ...
*
Capital punishment in Malaysia
Capital punishment in Malaysia is a penalty in Malasyian law.
Malaysia holds 33 capital crimes, including murder, drug trafficking, treason, acts of terrorism, waging war against the Yang di-Pertuan Agong, and, since 2003, rape resulting in ...
*
1988 Malaysian constitutional crisis
The 1988 Malaysian constitutional crisis (also known as the 1988 judicial crisis) was a series of events that began with United Malays National Organisation (UMNO) party elections in 1987 and ended with the suspension and the eventual removal ...
Notes and references
External links
*
High Court in Sabah and Sarawak
{{Judiciaries of Asia